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Home > Law > Law glossary > Law glossary
Unfavourable witness
Last modified: Thu Feb 23 16:37:38 2006
An `unfavourable' witness is one whose testimony does not advance
the case of the party who called him, despite the witness's best
intentions. An unfavourable witness must be distinguished from
a HostileWitness: in general, if a witness proves to
be unfavourable, without being hostile, then the party who called him must just take it
on the chin. Of course, that party may seek to adduce additional evidence to
counteract the testimony of the unfavourable witness; he may also ask the
court to give leave for the witness to refresh his memory (WitnessRefreshingMemory).
However, he may not attempt to discredit the witness in open court by,
for example, asking questions that show the witness's testimony is at odds with
his previous statements.
EvidenceLaw
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